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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

tony3x

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Everything posted by tony3x

  1. tony3x
    So the saga continues. After not hearing from them after my last email as in post 12 I may have to contact them again. My mothers remortgage completed ok a couple of months ago. She has just been contacted by her conveyancing solicitor as the management company returned the 'notice of charge' sent by the new lenders solicitor - with no explanation as to why! The solicitor contacted the managing agents who said they had been instructed 'not to communicate and all queries to be processed through their solicitor'. May have to contact them to ask the following; 1) Why it was returned 2) Where in the lease it states that a shed cannot be erected 3) Where in the lease it states that my mother is liable for their costs Anything else you can think of and do you thinks its worth a SAR. Thx
  2. tony3x
    If there is a concierge he may know as he will be employed by the property owner or management company.
  3. tony3x
    I would also look into whether he has permission to put in a stud wall. His lease may not allow it or even sub letting. Not much use in your claim apart from the fact you could threaten to report him if he does not pay what is due.
  4. tony3x
    Its reg 261 https://en.wikipedia.org/wiki/Flight_Compensation_Regulation_261/2004
  5. tony3x
    OP, you really should be taking some professional advice to help you with your plans. Lots of questions will be raised. It may cost you for an initial meeting (although a lot will do it for free) but would be worth it in the long run.
  6. tony3x
    Ignore any credit score from the CRA's (especially Noddle & Clearscore) as they are based on their own criteria which bear no comparison to lenders. You only need to worry if there are any bad markers, which I would assume there are not.
  7. tony3x
    I recently let my daughter have a week off as she got offered an all expenses paid trip to New York. She is in 6th form and had to miss 2 mock A level exams, which she has subsequently taken. I did put in a request for the absence which was obviously denied but was told off the record that the trip was too much of an opportunity to miss and as long as I was prepared to risk the fine she should go. I am lucky that she is a hard worker with all her A levels predicted to be A's so I have faith in her ability and 1 week will not make any difference. What gets me is I may get a fine for the unauthorised absence but they are ok with teachers having days off whenever they seem to want them therefore not being available. Saying all that my wife is a primary teacher so I see it from both sides!!
  8. tony3x
    Lots of accounts that pay better interest than anything Santander offer. Also look at Premium Bonds & other NSI products. OP - remember the tax position of your son, if he is in a higher band than you more tax will be paid. Also why can't you open the same savings account that he has if it is that good.
  9. tony3x
    I bought a sink from an online retailer who told me that it would be delivered direct from the manufacturer, not a problem. The sink was received on the 17th May was opened and checked on the 18th. On close inspection there were scratches on it that would have noticed so emailed the retailer on the 18th May to reject it as damaged. 19th may they asked whether I wanted a refund or replacement - in the middle of a kitchen fit so had to but a replacement locally - said I wanted a refund. 20th May - images of damage requested. These were sent and acknowledged on the 22nd May. 23rd May told by retailer that the manufacturer were going to collect and would contact me in next few days. 29th May - I contacted the retailer to inform that no one had contacted me. 31st May - retailer confirms that the manufacturer are chasing the courier re collection 2nd June - I contacted retailer with the following - This is getting ridiculous now. It is over a week since you told me that Rangemaster were going to arrange collection. This is something that should take a couple of days at most. As the retailer my contract is with you so, not Rangemaster (the fact it was delivered direct is irrelevant) so can you arrange collection forthwith. I will give you a further 3 working days (until 7th June) to do this or I will look to take this further. 5th June - email from retailer to say that they only seem to have this problem with the particular manufacturer and have chased it again. 5th June - email from retailer to confirm that they have spoken to the manufacturer and collection is confirmed for the 19th June. 5th June - I emailed - Thanks for the update however I must say that I cannot believe that they could not get it collected prior to the 19th June. That is nearly a month since I reported the damage to you. I could get this packaged and dispatched the next day so can't see why they are taking so long. This is large item taking up space which we are constantly having to move to get to other things. I will also need to know the time of the collection as I cannot wait in all day due to work commitments. 6th June - reply form retailer - Good morning, I know it’s ridiculous! We have spoken to rep about this to see if they can make this any better. 8th June - voice mail from manufacturer asking to contact them. 9th June - called manufacturer who confirmed that collection would be on the 19th June to which I asked why so long and pointed out I could get it collected today - they did not have an answer and told me to contact the retailer. I told them it is a major inconvenience as I am having a lot of work done at the moment and the box is constantly having to be moved as it in the way. I know my contract is with the retailer but I think it is a joke that it will be over a month since rejection to collection and I would guess another week or 2 for the refund to be processed - probably have to argue about the P&P fees as well!! What are my options or my next course of action.
  10. tony3x
    Not sure about commonhold but, as a mortgage broker, it is much easier to get a mortgage of a leasehold flat that a freehold. I am doing one at the moment and thee is only 1 lender available and there is still a lot of criteria to meet. My case is slightly different in that the upstairs flat owns the freehold for the building. I have advised to put a lease in place - should cost around £500 - to open up to more lenders.
  11. tony3x
    Hi Andy, I have checked the lease re S146 and it says the following; "to pay all expenses (inc solicitors costs & surveyors fees) incurred by the lessor incidental to the preparation and service of a notice under Section 146 of the Law of property Act 1925 notwithstanding that forfeiture is avoided otherwise than by relief granted by court" What is also interesting is that I can't see anywhere on the lease where it says that permission is needed to erect a shed. I have read it twice so will have another look.. Its A3 size so I can't scan it. May try to get it reduced.
  12. tony3x
    When the original dispute occurred they was a bit of postal tennis then, as I recall, they said they would no longer accept ground rent. A DD mandate was then sent out by the management company so the GR could be paid by annual DD. This has been the case since. We never heard from anyone again until the statement of GR was requested. Personally think the costs are excessive and seem to be a made up figure as they didn't do that much. Unfortunately it looks like mum got rid the letters when she had a clear out after not hearing anything. See what happens then may be time for a SAR. Mum is just waiting for the return of the lease from the solicitors who handled the remortgage, I will check re s146 when she gets it back. Thanks to everyone for the advice so far.
  13. tony3x
    This was my reply to their last email; "The hard standing was already there and, as stated previously, was overgrown and unkempt. My mother put slabs on top of the original concrete. My mother cannot be liable for your clients costs as there has been no action taken, in fact if the request of proof of ground rent payments had not been made this would matter would not have come to light. I also believe that any return of ground rent should have been done at the time it was paid, not 4 years later so I will wait your instruction what to do with the cheque - return or destroy. As there is not a breach of the lease I will assume that this matter is now closed." Lets see what they come back with.
  14. tony3x
    Just had this reply to my latest email; I reply as follows:- 1. My clients understanding is that the hard standing was put down by your mother. 2. We were in protracted correspondence with your mother which eventually resulted in the removal of the sheds. In round figures, the costs involved were £500.00 plus VAT representing some 2.5 hours of work. I do not have instructions to incur the further time and expense of preparing a full bundle of historic correspondence. they can take a run if they think they will get a penny out of my mother. Maybe a SAR might be in order.
  15. tony3x
    Thanks Andy, That is what I thought. I guess they are just trying to get back some costs for the letters they have sent.
  16. tony3x
    Update on this. The mortgage lender accepted bank statements to prove that the GR was paid so all completed ok. However, mum has received a letter from the FH's solicitor enclosing a cheque returning the GR for the past 4 years saying the payment is rejected due to an ongoing dispute. I emailed them stating that as the shed had been removed there was no ongoing dispute and asked if they wanted me to return the cheque or destroy it. They have emailed back the following; "There are two outstanding issues as follows:- 1. The hardstanding has not yet been removed, and the ground made good. 2. As at April 2012 when we were last in contact with your mother concerning this matter enforcement costs had been incurred in respect of which my clients will be seeking recovery from your mother." I have replied; Re the outstanding issues. 1) As far as I can remember the hardstanding was already there and was overgrown. My mother cleared this at her own expense and covered a section with concrete slabs so it is now presentable. 2) Please explain what enforcement costs were incurred as there has been no action due the shed being removed as permission was not granted. In your reply could you please forward copies of all correspondence regarding this issue. My issue is that they have not followed this up for nearly 5 years and continued to accept the GR, there is no longer a dispute as the shed was removed - do they have a right to ask for costs. Thx
  17. tony3x
    Thanks Andy, As the GR is paid by DD it will be easy to prove it has been paid but, as you say, getting the FH to confirm may be more of a problem. Fired off another email to the management company today and will do every day until they get it sorted. Fingers crossed!
  18. tony3x
    My mum lives in a flat that has a communal garden (she has access from patio doors as do all the grd floor)' A few years ago she cleared a bit of unkempt ground near to her and erected a shed. She told the freeholder she had done this. They then started making all sorts of demands and requests for monies and said that they would not accept any ground rent until it was sorted out. My mum continued to pay the ground rent (was even sent a DD form by he management company) and is up to date. The shed has been subsequently removed. She is trying to remortgage and needs confirmation that the GR is up to date. The management company say they can't do this due to the dispute over the shed and requested photos to prove its not there. This was done nearly 2 weeks ago and all we hear from the management company is that they are chasing the freeholder. My question - regardless of the freeholder saying they will not accept the GR, the fact that it has always been paid on time, not returned and no communication has been received to say otherwise - Do they have any grounds not to confirm that the GR is up to date.
  19. tony3x
    From what he tells me I am assuming that all the charges have been combined. Not sure about anything else at the moment. His marital home is in Manchester but he moved back down to London around 18 months ago. since then he has been renting rooms with friends. As for proof of moving out - he had a dispute with an ex accountant over fees that ended up in court and his wife gave the HCEO the address he was living at. He managed to clear that fee before anything was taken. I have been telling him for ages to change the addresses on anything official but for some reason he has been reluctant. I may get more out of him now as I think he is panicking a bit.
  20. tony3x
    They did not take the vehicle. The problem was he did not change his V5 address when he moved out (still hasn't for some reason). Had a DD for the congestion charge for automatic payment but for some reason it got stopped. All the payment requests and court papers went to his marital home and his wife just threw them away. From what I can gather the total bill is over £4k (not sure how many unpaid charges) and is apparently still going up. He realises he has been an idiot and now has to live with the consequences. The van is his only means of transport and is also his work (builder). Only other asset is the marital home which is in joint names. I have not seen any of the paperwork so its a bit difficult. hoping to get a look at the weekend.
  21. tony3x
    Friend built up congestion charge debt as (stupidly) he didn't change the address for his van when he split from his wife - she just threw any correspondence for him in the bin. Bailiffs called to enforce debt. Only real asset was work van that had finance outstanding. Bailiffs said that they were taking control of van, finance company were called and said they could not. He kept the van. Problem is the van will be paid off in a couple of months and he is worried that the Bailiffs will then return to take control. What is the situation around this. Don't have any paperwork to hand as friend works away during the week so will not be able to see anything until the weekend.
  22. tony3x
    Is this any better or does it need more elaboration. Particulars of Claim Point 1 is agreed although it was promised that they had purchasers on their books that would be interested in my property but did not manage to secure many viewings. Point 2 is agreed Point 3 is agreed - termination notice given by email on 10/06/2016. Further email sent 25/06/2016 confirming contract now cancelled. Point 4 is agreed Point 4A is denied as the terms and conditions were not provided when the contract was signed Point 4B is denied as the terms and conditions were not provided when the contract was signed Point 4C is denied as the terms and conditions were not provided when the contract was signed Point 4D is denied as the terms and conditions were not provided when the contract was signed Point 4E is denied as the terms and conditions were not provided when the contract was signed Point 4F is denied as the terms and conditions were not provided when the contract was signed Point 5 is denied - contract was cancelled as of 25/06/2016 so cannot be deemed shortly after 28/03/2016
  23. tony3x
    Here we go again; Particulars of Claim Point 1 is agreed Point 2 is agreed Point 3 is agreed - termination notice given 10/06/2016 Point 4 is agreed Point 4A is denied Point 4B is denied Point 4C is agreed Point 4D is agreed Point 4E is denied Point 4F is denied Point 5 is denied - contract was cancelled as of 25/06/2016 so cannot be deemed shortly after 28/03/2016 Thanks again for the help
  24. tony3x
    ok, thanks. Will have another go.
  25. tony3x
    I need to file the defence for this now but I am not good at the setting out, mainly regarding how much information to put in. Would something like this be ok; 1) The term of the contract specified in para E (iii) of the POC is unfair. 6 months is an unreasonably lengthy period of time. 2) The terms and conditions were not supplied with the agreement so I was unaware of the time limits specified in them Below is aletter sent to the solicitors in September 2016 which they did not reply to. Is it worth quoting any of this; "Thank you for your last letter and I apologise for not getting back to you sooner but as previously mentioned I am an MS sufferer and have been quite bad lately and my mother has been quite ill so I have not been in the right frame of mind. I note that along with the signed copies of the agreement there is another page of what seems to be terms and conditions. This is the first time I have seen this page. There are some quite material facts on that page and if I had been told about them at outset I may not have signed the agreement. If I had known about them I would not have told the buyers to go through the new agency but go back to Bairstow Eves as it would have been foolish of me to do otherwise. I was under the impression that once I had served my notice period with Bairstow Eves that was the end of the agreement. May I also point out that when in discussions with the Bairstow Eves representative I was told that the contact would be for 3 months, I notice from the agreement that it says 16 weeks. I know that I signed the agreement that now says 16 weeks but I was only shown the page where signatures are required so could not have noticed it. I also notice on your ‘Particulars of Claim’ you state that interest is accruing at a rate of £1.58 per day, can you tell me what the interest rate for this is?" Thanks for all the help with this.

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